NHS Highland

ACCOMMODATION / KEY RECEIPT

Please complete and sign this form. Return it to the Accommodation Manager in the enclosed envelope.

Name:

Forwarding Address:

Telephone No:

NHS Highland Accommodation Address

Flat / Room:

Court:

Department:

I acknowledge receipt of Form AT5, being notice under Section 32 of the Housing (Scotland) Act 1988.

I acknowledge receipt of the House Rules. I have read and understood the content. I agree that failure to adhere to said rules may result in termination of my residency.

SIGNATURE: DATE: / /

Please note: This form is to be returned before the taking up of residency.


Missive of Let

xxxxxxxxxxxx, Raigmore Hospital, Inverness

To : Accommodation Manager

NHS Highland

Raigmore Hospital

Inverness

IV2 3UJ

I, xxxxxxxxxxxxxx hereby offer to take on let from the Scottish Ministers (hereinafter referred to as ‘the SM’), xxxxxxxxxxx Raigmore Hospital, Inverness (hereinafter called ‘the premises’) together with the furniture and effects in and upon the premises (hereinafter referred to as ‘the furnishings’) and with the non-exclusive shared use along with the other users thereof of the kitchens, toilets, bathrooms, sitting rooms. I do so on the following terms and conditions.

1.  I occupy the said premises as a consequence of my being employed by the NHS.

2.  The period of let shall be from xxxxxxxxxxx to xxxxxxxxxx and from month to month thereafter during the continuance of my employment with the NHS, but I understand the let shall terminate with the cessation of my employment with the NHS.

3.  Payment shall be made from the xxxxxxxxxx and monthly thereafter in advance at the rate of xxxx per month.

The said payment shall be due and payable by me without any written demand or deduction by me.

The SM reserve the right to intimate a revisal of the rent annually having regard to the level of rents in the Inverness area and to make changes therein and in the other charges referred to in this clause as circumstances require. I understand that in the event of receipt by me of a notice of revised rent and/or other revised charges NHS Highland may deduct such increased rent and/or other charges from my salary and wages in terms of clause4 hereof.

I hereby authorise and request NHS Highland to deduct from my salary and wages due to me any sums due in terms of the Missives of let, the rent and other charges as referred to in Clause 3 and in respect of damages as referred to in Clause 5 of the Missives of let, it being understood that in the event of my disputing the amount of any sums so deducted by NHS Highland in name of damages, such dispute shall be referred to the Head of Finance of NHS Highland for determination whose decision thereon shall be final.

4.  I accept the premises, the furnishings and the shared facilities in their present state of repair and agree to leave them in the like state at the termination of the let and to make good any damage to the premises, the furnishings and the shared facilities including, without prejudice to the foregoing generality, the windows, sanitary arrangements, fittings or fixtures thereof, furniture and furnishings therein caused by the wilful act or negligence or omission of myself or any member of my family or household. I shall at all times keep the premises in a clean and tidy condition. I accept that NHS Highland may charge for any damages that are caused to the premises during the period of the Missives of let.

5.  I shall not, without the prior consent in writing of NHS Highland for the SM make any structural alterations or renovations or attach any fixtures to the premises.

6.  I shall use the premises, the furnishings and shared facilities for occupation by me as a residence only. No advertisements of any kind shall be attached to any part of the premises or exhibited in the windows of the premises and no sale by auction or otherwise shall take place on the premises. No type of trade or business will be run from the premises at any time.

7.  I shall not permit visitors into the premises before 9.00am or after 12.00 midnight nor will I permit overnight visitors in the premises. Failure to adhere to these conditions will result in a breach of Fire Regulations and may result in the let being terminated by the SM.

8.  I shall not assign the tenancy of the premises or sub-let the same or any part thereof or take in boarders or lodgers. I shall not swap rooms without prior arrangements with the Accommodation Manager

9.  NHS Highland for the SM will be entitled by their agents or workmen to enter or inspect or repair the premises and the furnishings at all reasonable times, it being understood that I shall be responsible for all repairs which NHS Highland consider necessary on receiving written notice of same. In the event of my refusing or delaying to execute repairs or to remedy any matter for which I am liable NHS Highland shall be entitled to have such repairs or remedies carried out and I shall be bound to repay to them any expenses incurred.

10.  The let shall be terminated by not less than 4 weeks notice in writing on either side. I fully understand that in the event of the let being terminated in terms of this Clause and I do not remove myself, my family and effects from the premises on the date of such termination the SM shall be empowered to commence proceedings for possession of the premises in terms of the Housing (Scotland) Act 1998.

11.  Any notice or payment to be made to the SM or NHS Highland in terms hereof whether in respect of rent or otherwise shall be duly made if the same is made to the Accommodation Manager of NHS Highland, with cheques being payable to ‘NHS Highland’.

12.  In the event that I breach or otherwise fail to observe or contravene any of the conditions of the Missives of let specified in these presents, including, for the avoidance of any doubt, the rules and regulations referred to in Clause 20 and, without prejudice to this generality, if any payment of rent or other charges due shall be in arrears for 14 days after the same shall become due it is understood that the SM will be entitled to terminate the let forthwith and repossess the premises as if the Missives of let had never been granted. In such event, I will be bound to repay to NHS Highland and/or the SM all expenses which may be incurred by or in consequence of such breach of the Missives of let.

13.  It is understood that the tenancy created by the Missives of let comprising this offer and its acceptance shall be a short assured tenancy in terms of the Housing (Scotland) Act 1988 (being a short assured tenancy I do not have security of tenure beyond the period of the let or until the let has been previously terminated for a valid reason in terms of the Housing (Scotland) Act 1988.)

14.  Notice is hereby given that the SM are entitled to terminate the Missives of let of which this offer forms part and to recover possession of the premises in terms of the grounds contained in Part 1 of Schedule 5 to the Housing (Scotland) Act 1988 and may be entitled to terminate the Missives of let and to recover possession of the premises in terms of any of the grounds referred to in Part II of Schedule 5 to the said Act and if I shall commit a breach of any of the conditions herein, including, for the avoidance of any doubt, the rules and regulations referred to in Clause 19, the let may be terminated if the SM so decide.

15.  I shall not keep any animals, birds, reptiles or illegal procession of firearms or replica’s, in or about the premises.

16.  I shall not use any LPG room-heaters or store any liquefied petroleum gas (LPG) or any highly inflammable liquid, gas or substance. (does not include lighter fuel or cosmetic appliance cartridges kept by residents for own use)

17.  I shall check the inventory of the furnishings in the premises within two days of being provided with a copy and return it to the Accommodation Manager with any additions, deletions or amendments failing which I will be deemed to have found the inventory a true record of the furnishings in the premises at the date of commencement of the let.

18.  The parking of vehicles shall be on the terms agreed with NHS Highland but no unauthorised parking is permitted.

19.  I acknowledge receipt of an AT5 form as being notice under Section 32 of the Housing (Scotland) Act 1988.

20.  I undertake to comply with the rules and regulations in the NHS Highland Guidance Notes for Residents, of which I have been provided with a copy, as may be amended from time to time.

Signature …………………………………………………

Occupation ……………………………………………….

Date ……………………………………………………….

Witness Name ………………………… Witness Name………………………………..

Occupation…………………………….. Occupation ……………………………………

Address………………………………… Address………………………………………..

………………………………………….. ………………………………………………….

…………………………………………… …………………………………………………..

…………………………………………… …………………………………………………..

Signature ………………………………. Signature ……………………………………….

Date ……………………… Date ………………………..

Signed and executed for and on behalf of NHS Highland as acceptance of the foregoing offer.

………………………………………………

Accommodation Manager for Raigmore Hospital

Date …………………………


FORM AT5: FOR USE ONLY BY A LANDLORD

ASSURED TENANCIES AT5

HOUSING (SCOTLAND) ACT 1988

NOTICE UNDER SECTION 32 TO BE

SERVED ON A PROSPECTIVE TENANT

OF A SHORT ASSURED TENANCY

IMPORTANT: INFORMATION FOR PROSPECTIVE TENANT(S)

This notice informs you as prospective tenant(s) that the tenancy being offered by the

prospective landlord(s) is a short assured tenancy under Section 32 of the Housing

(Scotland) Act 1988.

Please read this notice carefully.

Part 1 To: xxxxxxxxx

(name of prospective tenant(s))

NOTE 1 TO PROSPECTIVE TENANT

TO BE VALID THIS NOTICE MUST BE SERVED BEFORE THE CREATION OF A
TENANCY AGREEMENT. A SHORT ASSURED TENANCY WILL NOT EXIST IF A
VALID NOTICE HAS NOT BEEN SERVED.

Part 2 I, your prospective landlord(s) / I, your prospective landlord’s(s’) agent*

……………….THE SCOTTISH MINISTERS ……………………………………….

……………………………………………………………………………..

(name of landlords(s))

Of per NHS HIGHLAND, ASSYNT HOUSE, BEECHWOOD PARK, INVERNESS, IV2 3HG

Tel. (01463) 704000 ………………………………………………….

(address and telephone number of landlord(s))

give notice that the tenancy being offered to you of the room at

………………xxxxxxxxxxxxxxxxxxxx …………………

………………Raigmore Hospital…..………………………………

………………INVERNESS, IV2 3UJ…………………………………

(address of room)

* delete as appropriate

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to which this notice relates is to be a short assured tenancy in terms

of Section 32 of the Housing (Scotland) Act 1988.

Signed ……………………………………………………

(landlord(s) or landlord’s(s’) agent)

Date ………………………………………………………

NOTE 2 TO PROSPECTIVE TENANT.
A SHORT ASSURED TENANCY IS A SPECIAL FORM OF TENANCY. UNLESS IT
FOLLOWS IMMEDIATELY AFTER ANOTHER SHORT ASSURED TENANCY OF
THE SAME HOUSE, (WITH THE SAME TENANT) IT MUST BE FOR NOT LESS THAN 6
MONTH.
NOTE 3 TO PROSPECTIVE TENANT.
A LANDLORD OF A SHORT ASSURE TENANCY HAS SPECIAL RIGHTS TO
REPOSSESS THE HOUSE. IF THE LANDLORD TERMINATES THE TENANCY
BY ISSUING A VALID NOTICE TO QUIT AND GIVES THE TENANT AT LEAST 2
MONTHS NOTICE OR A LONGER PERIOD IF THE TENANCY AGREEMENT
PROVIDES) OF HIS INTENTION TO REPOSSESS THE HOUSE THE COURT
MUST GRANT THE LANDLORD AN ORDER ALLOWING HIM TO EVICT THE
TENANT IF HE APPLIES FOR ONE AT THE END OF THE TENANCY PERIOD
SET OUT IN THE TENANCY AGREEMENT.

Part 3. Address and telephone number of agent if appropriate

Of landlord’s(s’) of Tenant’s(s’) agent

…………………………………… ………………………………………..

…………………………………… ………………………………………..

…………………………………… ………………………………………..

…………………………………… ………………………………………..

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NOTE 4 TO PROSPECTIVE TENANT.
A TENANT OF A SHORT ASSURED TENANCY HAS A SPECIAL RIGHT TO
APPLY TO A RENT ASSESSMENT COMMITTEE FOR A RENT DETERMINATION
FOR THE TENANCY.
NOTE 5 TO PROSPECTIVE TENANT.
IF YOU AGREE TO TAKE UP THE TENANCY AFTER YOUR LANDLORD HAS
SERVED THIS NOTICE ON YOU YOUR TENANCY WILL BE A SHORT ASSURED
TENANCY. YOU SHOULD KEEP THIS NOTICE IN A SAFE PLACE ALONG WITH
THE WRITTEN DOCUMENT SETTING OUT THE TERMS OF TENANCY WHICH
YOUR LANDLORD MUST PROVIDE UNDER SECTION 30 OF THE HOUSING
(SCOTLAND) ACT 1988 ONCE THE TERMS ARE AGREED.
NOTE 6 TO PROSPECTIVE TENANT.
IF YOU REQUIRE FURTHER GUIDANCE ON ASSURED AND SHORT ASSURED
TENANCIES, CONSULT A SOLICITOR OR ANY ORGANISATION WHICH GIVE
ADVICE ON HOUSING MATTERS.

SPECIAL NOTES FOR EXISTING TENANTS

1.  If you already have a regulated tenancy, other than a short tenancy, should you give it up and take a new tenancy in the same house or another house owned by the same landlord, that tenancy cannot be an assured tenancy or a short assured tenancy. Your tenancy will continue to be a regulated tenancy.

2.  If you have a short tenancy under the Tenant’s Rights etc (Scotland) Act 1980 of the Rent (Scotland) Act 1984 your landlord can offer you an assured tenancy or a short assured tenancy of the same or another house on the expiry of your existing tenancy.

3.  If you are an existing tenant and are uncertain about accepting the proposed short assured tenancy you are strongly advised to consult a solicitor or any organisation which gives advice on housing matters.

Accommodation/Revised Tenancy & Arrival Packs 2010/Tenancy Agreement 2010 Staff.doc